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Home > Law > Real Estate Law   »   Landlord is sell the house and wants us to maintain it in show-ready condition

 
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Old Aug 3, 2008, 01:29 PM
JVinCA
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Landlord is sell the house and wants us to maintain it in show-ready condition

We live in Southern California. We were just asked by the landlord’s realtor if she could show the house this afternoon at 5:00PM to another realtor. This call came as a shock because we signed a one year lease in Nov 2007, with anticipation of renewing the lease for another year, and if all works well, we could purchase it. When we signed the lease, it was acknowledged and agreed by both sides that a long-term tenant was what they desired, and we were looking for a life style change therefore, we were looking for something for a minimum of two if not three years. Based on this, we were the ideal tenants. Based on this verbal agreement, we purchased all new furniture, incurred landscaping cost to make the home more presentable, and spent money and time, sprucing up the place. It really needed it. That was 8 months ago, and now we learned the owner listed the property.

Two weeks ago I purchase and replaced the old cook-top. When I called the landlord telling them the gas igniter on the cook-top clicking – she visited us immediately and said to not use the cook-top and to replace it and she would give me the money. We replaced it and she gave me the money. We purchased, picked up, install
ed, and hauled the old away using the proper refuse facility. She paid only for the cook-top. This has been the acceptable practice with us knowing that we were planning on being here for the long term.

During this morning’s conversation with the owner’s realtor, I told her that I was upset to learn that the house was being listed. I asked her to remember what was said during the initial signing of the lease and she acknowledges what I wrote above but said the owner must sell the home because of financial reasons. She also told me that as renters, we have little rights in this matter.

We are not looking for rights – we are looking not to have to live in a fish bowl while we have a lease. We want to continue this life style and look for another rental in this immediate area. This will take time. We are renting a home on a water front property with a boat dock. Based on the initial verbal agreement, we purchased several water toys that require a dock. Rentals with docks are hard to come by in this area. We will move when we find an acceptable place to move to knowing now the landlord’s immediate plan.

Questions that are spinning in our heads - what about the lease? Can they require us to make the house show-ready? Is it true as renters, we have little to no rights in this situation of the landlord selling their asset? What can be done to help our financial expenses making this a presentable home? We purchased new furniture matching the house based on being ideal tenants! We purchased water toys and build rack on the dock to store them.

Has the landlord broken the lease by listing the property for sale and asking us to make it available to show to potential buyer? If we find a place before the lease is up, do we have the right to move out without paying the rent for the full term of the lease?
JVinCA

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Old Aug 3, 2008, 01:41 PM   #2  
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Isn't there anything in the lease that talks about possible sale of the property or about what financial responsibility the landlord has for improvements you make to the property? (The landlord certainly would have no responsibility for the furniture you buy.) Verbal agreements may be legally worthless, so please consult with a lawyer.
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Old Aug 3, 2008, 01:53 PM   #3  
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Of course the new owners will have to honor your current lease, so you can not be asked to move untill the lease is up. And there is little they can do to force you to keep the beds made or be picked up. But they can show it with proper notice to you. What is the time frame for entering the house as given in your lease.

As long as you have a written year lease you can not be forced to move.
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Old Aug 3, 2008, 02:32 PM   #4  
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Quote:
Originally Posted by Wondergirl
Isn't there anything in the lease that talks about possible sale of the property or about what financial responsibility the landlord has for improvements you make to the property? (The landlord certainly would have no responsibility for the furniture you buy.) Verbal agreements may be legally worthless, so please consult with a lawyer.
Thanks,,,,
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Old Aug 3, 2008, 02:33 PM   #5  
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Quote:
Originally Posted by JVinCA
Thanks,,,,
Thank you - I will read the lease and look for a time table stating times that they can enter the house.

Thank you,
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Old Aug 3, 2008, 02:42 PM   #6  
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Quote:
Originally Posted by JVinCA
I will read the lease and look for a time table stating times that they can enter the house.
Certainly you and the landlord could negotiate days and times for showing your apartment?
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Old Aug 3, 2008, 03:22 PM   #7  
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And to answer your other question... the landlord doesn't have to reimburse you for improvements that you make to their place, and can, in fact, force you to pay to return it to the original condition if they don't like the "improvement". (Say, for example, that you paid to put a pool in, without discussing it with the landlord. Not only would they not have to pay you for doing that, they could technically remove it and sue you for the costs of doing so.)

I will also say... have you considered purchasing the place? If it was your plan to do so in a few years, it might make sense to buy it now. Especially if the landlord is in financial difficulty. According to some of the experts, the California market may be bottoming out, so the purchase price in a year or two might be higher than you can get it for today.

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Wondergirl agrees: Good idea to purchase since it sounds like they are happy with the area. I'm sorry we didn't do that years ago when we came up against a similar situation.
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